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NICHOLSON v. BROWN

No. 77-1782.

605 F.2d 209 (1979)

William Daniel NICHOLSON, III, Plaintiff-Appellee Cross-Appellant, v. Harold BROWN, Secretary of Defense, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

October 18, 1979.

Attorney(s) appearing for the Case

Leonard Schaitman, John M. Rogers, Attys., App. Section, Civ. Div., Dept. of Justice, Washington, D.C., Morton Hollander, Chief, Harland F. Leathers, Atty., Barbara Allen Babcock, Asst. Atty. Gen., App. Section, Dept. of Justice, Washington, D.C., for defendants-appellants cross-appellees.

Tom Thomas, Dallas, Tex., J. Byron Holcomb, Bremmerton, Wash., for plaintiff-appellee cross-appellant.

Before WISDOM, CLARK and FAY, Circuit Judges:

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion, 5 Cir. 1979, 599 F.2d 639).

PER CURIAM:

The final two sentences of the opinion issued July 26, 1979, are withdrawn.

In its earlier opinion the Court held that the Air Force did not act arbitrarily in denying Major Nicholson's application for exemption from active duty based on community essentiality as prescribed in Air Force regulations...

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